Investment Banking

This panel will examine various alternative capital structures used for structuring transactions and obtaining access to capital.

The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud. The panelists also will address bankruptcy-specific issues and tactics, with FBI agent discussions regarding the latest threat intelligence and prevention strategies.

This panel will address current trends in private credit restructurings, including the types of companies and industries that are most affected. The panelists also will explain the role of private equity and hedge funds in private credit restructurings, as well as the potential impact on stakeholders, and will analyze the legal and regulatory landscape for private credit restructurings, and the challenges associated with navigating this landscape.

Forever Chemicals: PFAS chemicals have been dubbed “forever chemcials” because they are extrermely presistent, lasting thousands of years. Many have been linked to long-term health problems, thus generating trillions of dollars in potential liabilities — and bankruptcy filings. Chapter 7 Clawbacks in Fraud Cases: Hear the latest on chapter 7 trustees’ ability to use clawbacks in fraud cases. Distressed Investing Update: Learn about the latest trends in distressed investing — what the latest opportunities are, and what factors should you be paying attention to. The Changing Landscape of Chapter 11: Find out about the newest trends in restructuring and chapter 11 filings, and what new tools parties-in-interest and the courts are turning to in in-court and out-of-court restructurings.

This panel will discuss a selection of cases that raise current substantive bankruptcy issues and litigation challenges, including how to convince a bankruptcy court to extend the automatic stay (or issue an injunction) to protect debtor-related (but nondebtor) entities from tort or other litigation that could interfere with the plan process (e.g., Robertshaw (S.D. Tex. 2024); Roman Catholic Diocese of Rockville Center (S.D.N.Y. 2023)); how best to present valuation evidence for unusual, complex and illiquid assets, including mortgage-backed securities, derivatives and crypto assets; and how to deal with evidentiary issues — particularly relating to damages — arising in “liability management” litigation. The panelists will conclude with a rapid-fire presentation of successful bankruptcy litigation tips.

This panel of experienced investors and advisors will discuss practical considerations, guidance, insights and perspectives on the current market, as well as prospects for investment opportunities in the distressed real estate sector.

This panel will provide attendees with a step-by-step process to review potential claims against parties-in-interest in chapter 11 proceedings. The panelists will review the establishment of independent directors/special committees and scope of authority, the process plan regarding a proposed investigation, execution of the plan during chapter 11 proceedings, and addressing issues, allegations and disputes raised by stakeholders.

This panel will dive into the intersection of cryptocurrency and bankruptcy to demystify and identify the key bankruptcy issues that arise in cryptocurrency cases. Several recent notable case decisions and issues will be discussed, including Celsius Network LLC, Voyager Digital Holdings Inc., Cred Inc. and FTX Trading Ltd. The panelists also will explore the practical impact of crypto issues on everyday bankruptcy practice, including determining the ownership of assets, funding the administrative expenses during the case, devising a plan of reorganization that offers the issuance of new stock and a new token as part of the plan treatment, the problem with liquidation of crypto assets, and the positions that governmental agencies are taking in certain cases.

Large cryptocurrency filings have been making headlines, but the implications and complexities of these filings are even broader. This panel will discuss what you need to consider when navigating a cryptocurrency filing, such as valuation issues, custodial arrangements, pending white collar investigations, and the challenges such complexities pose.